[1592/4/20]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittes of parliament, haifing considerit the tressounable, cruell and unnaturall fact laitlie committit be the personis following in company for the tyme with Frances, sumtyme erle Bothuell etc., to wit: Frances, erle Bothuile, Archibald Wauchope, younger, of Nudry, Maister Johnne Colvile of Strathurdy, Johnne Hammiltoun, younger, of Sammilstoun, James Douglas of Spott, Robert Home, younger, of the Heuch, Hercules Stewart of Quhytlaw, Maister Thomas Cranstoun, younger, of Moreistoun, James Stewart of Tynneis and Dame Margaret Douglas, spous to the said Frances, and divers utheris, thair complices, in thair tressounable coming to his majesties palice of Halyruidhous under silence of nicht upoun the [...] day of December last bypast; invaiding, assegeing and persewing of his majesties maist noble persone be fyre and sword, breking up his chalmer durris with foirhammeris and cruellie slaying his hienes servandis cumand to his majesties rescours, ane tressoun and crueltie not hard nor sene, committit be subjectis sa heichlie oblist to thair native king and prince precogitat, consultit and aggreit upoun to be put in executioun lang of befoir, having alsua devisit meanis in thair jugement to preserve thair landis and guidis efter the committing of thair tressoun foirsaid, quhilk haynous and tressounable fact as it pass all utheris in crueltie and evil example sua it is thocht meit and expedient that ane condigne law and punishement be sett doun for extinguishing of the memorie of the tressonable personis foirsaidis and thair posteritie, to be ane document to all aiges to cum and attempt the lyk. It is thairfoir statute and ordanit be oure soverane lord and his saidis estaittes of parliament that the said Frances, sumtyme erle Bothuell, Dame Margaret Dowglas, sumtyme countesse of Bothuile, James Douglas of Spott, Archibald Vauchop, younger, of Nudry, Maister Johnne Colvile of Straruidie, Williame Stewart, sumtyme constable of Dunbartane, Johnne Hammiltoun, younger, of Sammelstoun, Williame Lermounth of the Hill, Robert Home, younger, of the Heuch, Hercules Stewart of Quhytlaw, George Auchincraw of Eist Restoun, Patrik Auchincraw thair, Maister Thomas Cranstoun, younger, of Moreistoun, Johnne Cranstoun, his brother germane, Johnne Ormestoun in Smailhome, Robert Ormestoun, his sone, James Stewart of Tynneis, Patrik Crumbie of Caribdin and David Orme of Mugdrum, thair bairnes, thair airis and haill posteritie sall nevir bruik land, benefice, honour, office nor dignitie within this realme in ony tyme cuming. And als his majestie and estaittis foirsaidis decernis, decreittis and deliveris that all maner of infeftmentis, alienationis, dispositionis, resignationis, contractis, bandis or obligationis for making of infeftmentis of thair landis and heretages or ony pairt thairof or annuelrentis furth of the samyn, togidder with all presentit assignationis and dispositionis of thair tackis, stedingis, roumes, possessionis, guidis or geir to ony maner of persone or personis quhilk tuke not effect be actuall and reall possessioun befoir the committing of the foirsaid crym, salbe null and of nane avail, force nor effect in tyme cuming as they had nevir bene maid.
[1592/4/21]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittis of this present parliament, remembring the act of parliament maid at Striviling, the xxiij day of August anno etc. lxxj, anent his hienes trew and faithfull subjectis remaning under his majesties obedience having landis, heretage, lyfrentis, annuelrentis, pensionis or possessionis quhatsumevir haldin of ony personis callit and foirfaltit for quhatsumevir crymes of tressoun and lesemajestie sall bruik and joise thair saidis landis, heretage, annuelrentis, lyfrentis, pensionis and portionis quhatsumevir, notwithstanding the foirfalting of thair superiouris thairof, and hald the samyne of thair nixt immediat superiouris of the same; and now his hienes, willing that the samin act and benefite thairin contenit be maid to all trew vassallis of sic personis as ar in this present parliament or that salhappin in ony tyme heirefter to be foirfaltit, thairfoir his hienes, with avise of the estaittis of this present parliament, statutes and ordanis that all sic personis being na wayes culpable of the crymes for the quhilkis thair saidis superiouris salbe foirfaltit, having landis, heretage, annuelrentis, lyfrentis, pensionis and portionis quhatsumevir haldin of ony personis callit and foirfaltit in this present parliament or that salhappin in ony tyme heirefter to be foirfaltit for quhatsumevir crymes of tressoun and lesemajestie, sall bruik and jois thair saidis landis, heretage, annuelrentis, lyverentis, contractis, obligationis, pensionis or portionis quhatsumevir, notwithstanding the foirfalting of thair superiouris thairof, and sall hald the samyne of thair nixt immediat superiouris, providing alwayes that the saidis vassallis and utheris personis foirsaidis quhilkis ar to bruik and enjoy the benefite of this act in tyme cuming salbe haldin to cum to his hienes thesaurare for the tyme and compone with him for new infeftmentis and ratificationis to be takin be thame of thair saidis land, heretage, annuelrentis, lyverentis, pensionis and portionis foirsaidis quhatsumevir, and that betuix and the first day of August nixtocum, utherwayes the samyne to be null.
[1592/4/22]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittis of parliament, for the gude and thankfull service done to him be the provest, baillies and communitie of the burgh of Edinburgh, and esteming the same now worthie to be rememberit to the effect that thay and thair successouris may the better continew thair affectioun in his hienes service, his majestie and estaittis of this present parliament hes declarit, decernit and ordanit and, be the tennour heirof, declairis, decernis and ordanis for his hienes and his successouris that the proces fencement and dome of foirfaltour led and gevin in this present parliament contrair the personis quhilkis ar convict of tressoun and lesemajestie aganis his hienes for the crymes committit be thame contenit in the proces and domes of foirfaltour respective led aganis thame, sall na wayes be hurtfull to ony of the burgess or inhabitantis of the said burgh of Edinburgh in ony landis or annuelrentis annaliet to thame be ony of the personis now foirfaltit, or thair predecessouris under reversioun, bot that thay, thair airis and successouris sall bruik the landis or annuelrentis quhill the redemptioun thairof, and that oure soverane lord and his successouris and utheris quha salhappin to obtene infeftment of the saidis landis be the said foirfaltour ar and salbe astrictit and oblist to infeft the saidis personis, haifand the saidis wadsettis of new efter the forme and tennour of thair former infeftmentis and contractis; and that thay sall stand in thair saidis richtis of the wadsettis foirsaidis, siclike and in the samyn maner as gif the personis annalieris had nevir bene foirfaltit, providing alwayes that thir presentis be not prejudiciall to the act maid in favouris of George, erle Merschell etc., berand that quhasoevir sall obtene the escheit of foirfaltour of Maister Johnne Colvile, sumtyme of Strarudie, his landis, roumes and possessionis, salbe oblist to mak the said erle and Maister James Wardlaw, his cessioner and assignay, payment of the soume of thrie thowsand ane hundreth fiftie sex merkis money for the caus thairin specifiet, as the same at mair lenth proportis; provyding alsua that the saidis inhabitantis of Edinburgh haldand of ony of the saidis personis foirfaltit or having thame bound be contract or obligatioun to mak infeft or pay annuelrent, compone with his hienes thesaurare for thair new infeftmentis, presentationis or confirmationis betuix and the first day of August nixtocum, utherwayes the benefite grantit to thame be the said act of parliament to be ineffectuall to thame thairefter.
[1592/4/23]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of the estaittis of this present parliament, understanding that Maister Johnne Moncreif, advocat, be contract and appointment past betuix him and David Orme of Mugdrum sould haif bocht the said Davidis landis of Clayis, and in warrandice thairof all and haill the landis of Mugdrum with tour, fortalice, houses, biggingis, orcheardis, fischeingis and pertinentis thairof, for certane soumes of money, of the quhilkis the said Maister Johnne hes ressavit the soume of tua thousand merkis; thairfoir his hienes, not willing that the said Maister Johnne in ony wayes be hurte or prejugeit, notwithstanding of ony cryme of tressoun or lesemajeitie comittit be the said Davis Orme, statutes, willis and ordanis that infeftment be maid and grantit to the said Maister Johnne Moncreif, Jeane Spens, his spous, and to the langest levare of thame tua, in conjunctfie, and to the airis lauchfullie gottin or to be gottin betuix thame, quhilkis failyeing to the said Maister Johnnes airis and assnais quhatsumevir, off all and haill ane annuelrent of bollis victuall, half meill, half beir, to be takin furth of the saidis landis of Clayis etc., and in warrandice thairof furth of the said Davidis landis of Mugdrum and utheris abonespecefiit in satisfactioun of the soumes debursit be him, and that the samin stand effectuall to the said Maister Johnne, his said spous and thair foirsaidis at all tyme heirefter; and siclyke that his hienes presentatioun be direct to Schir James Scott of Balwery, superiour of the saidis landis of Mugdrum, for infeftment to be gevin to thame thairupoun incais of evictioun of the saidis landis of Clayis etc., sua that thay may be thankfullie answerit and obeyit of the said yeirlie annuelrent of thriescoir bollis victuall foirsaid, and that thay be preferrit to quhatsumevir persone or personis pretending richt or interes thairto; and the foirsaidis infeftmentis, baith of principall and warrandice, to valide and sufficient securitie to the said Maister Johnne, his said spous and thair foirsaidis for peceable bruiking and josing of the foirsaid annuelrent, notwithstanding of quhatsumevir act or constitutioun maid in this present parliament, redemeable alwayes to his hienes and his successouris and utheris haifand his power upoun the soume of tua thowsand merkis.
[1592/4/24]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaittis of this present parliament, having sene and considerit the supplicatioun gevin in and presentit be Rachaell Makgill, relict of umquhile George Stewart of Rossyth, and now spous to Archibald Vauchoip, sumtyme apperand of Nudrie Merschell, makand mentioun that quhair the said Archibald for his tressounable being in cumpanie with Frances, sumtyme erle Bothuell, in the tressounable assegeing of his majesties palice of Halyruidhous, for taking of his hienes maist noble persoun upoun the xxvij day of December last bipast, is now foirfaltit in this present parliament, quhairby the small portioun appointit to the said Rachaell for hir conjunctfee and terce of the leving of Rossyth, acquirit be umquhile Maister James Makgill of Rankelour Nather, clerk of register, hir father, for greit soumes of money debursit be him in name of tocher with hir, to the said umquhile George Stewart, is apperandlie to cum in danger sa lang as the said Archibald naturalie levis; and that the band of mariage sall stand betuix thame indissolvit, albeit it be notourlie knawin to all the cuntrie in quhat miserable estate scho wes in during the tyme of the said Archibaldis remaning in this cuntrie be ressoun of his awin leving and hirs being all consumit in his vane uses and ungodlie fantasies, the said Rachaell wes left indigent of hir sustentatioun with hir bairnis and scho had mony occasionis for quhilkis scho mycht haif persewit dissolutioun of the said mariage, quhilk now at last scho is forceit to persew, and thairby the benefite of the law will not onlie gif to hir hir awin leving, bot als mekle of his as wes appointit be contract hir to haif bene infeft in for hir conjunctfee; thairfoir, and in respect of hir innocency as nawayes giltie nor suspect of hir said housbandis vicked and tressounable misdeidis, deservand maist humbly his majestie and estaittis foirsaidis that scho be not hurte of that small portioun of lyff provydit to hir furth of the hous of Rossythe, bot that scho may frelie bruik the same according to hir richtis and infeftmentis thairof, quhilk supplicatioun and desyre thairof being sene and considerit as said is, oure said soverane lord and his saidis estaittis in this present parliament, for his hienes and his successouris, hes confermit, ratifiet and approvin all and quhatsumevir infeftmentis, charteris, preceptis and instrumetis of seasing with quhatsumevir uther evidentis maid in favouris of the said Rachaell Makgill, off all and sindrie hir conjunctfie and terce landis of the hous and leving of Rossyth and all thair pertinentis mentionat in hir infeftmentis of the same, to be peceablie bruikit, josit and occupiet be hir during all the dayes of hir lyvetyme, notwithstanding the foirfaltour led aganis the said and hir spous; and decernis and ordanis the same to stand in the full force, strenth and effect to the said Rachaell for hir lyvetyme as said is, in all pointis, headis, articles and clausis thairof according to the tennour of the same.
[1592/4/25]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaitis of this present parliament, considdering that George, erll Merschell, upoun the suddane being commandit be his hienes to wictuall and outred the schippis quhilkis furit his majesties ambassadouris direct to Denmark for contracting and completing of his hienes mariage, it behuvit him to tak tua thowsand sex hundreth and fyve markis upoun the reddiest of his landis and heretage, for the quhilk he hes pait proffite continuallie sen the outred of the saidis schippis, quhilk was in the moneth of Junii, the yeir of God jM vC fourscoir nyne yeiris, extending to thrie yeiris bypast at this last feist and terme of Witsonday, the said yeirlie proffite by the principall extending to sevin hundreth fiftie sex markis, and the stok and proffite extending to thrie thowsand ane hundreth and sex markis; and becaus Maister Johnne Colvill, sumtyme of Strathurdie, now foirfalt in this parliament for crymes of tressoune and lesemajestie committit be him, become full debtour to Maister James Wardlaw, cessioner and assignay constitut be the said Erll Marschell to the debt above writtin in the said erllis name, for payment of the said principall sowme as for ane part of the reddiest of the taxatioun than ordanit to be upliftit for furthsetting of the honour of the said mariage and constitute himself propir debtour to the said Maister James thairfoir, quhether he had obtenit allowance of the samyn in his comptis or not, bot the samyn being at his awin desyre thankfullie allowit to him in his saidis comptis he was for non payment of the said sowme denuncit rebell and put to the horne. Thaireftir lettres of captioun wer direct aganis him and utheris lettres thaireftir direct for randering of his hous under the pane of tressone, quhilkis lettres and chargis he all contempnandlie disobeyit, and now being foirfalt for treissone, his landis and guidis ar becum in oure said soverane lordis handis as escheit, and seing the sowmes debursit be the said George, erll Marschell, and proffite pait for the said principall sowme were all debursit in the honorable furthsetting of his majesties effairis and in effect is his hienes awin propir debt, quhilk his majestie hes moyen to pay be the said foirfaltour, and utherwayes is nevir able to be pait, to the said erllis gryt dannage and skaith gif remeid be not provydit, thairfoir his hienes and estaitis foirsaidis findis, decernis and declaris that quhasaevir sall obtene the escheit of foirfaltour of the said Maister Johnne, his landis, rowmes and possessionis, salbe obleist to mak the said erll and his assigna payment of the saidis sowmes, stok and proffite extending to the said sowm of thrie thowsand ane hundreth fiftie sex markis, and ordanis thame to have executioun thairfoir aganis the donatouris of the said escheit of foirfaltour ane or ma conjunctlie and severallie, provyding that gif thair be ma donatouris nor ane, everie ane sall releif utheris of the saidis sowmes proportionallie according to the proffite that thai resaiff. And the said erll or his assignay foirsaid being compleitlie pait and sattisfiit of the sowmes abonewrittin, oure soverane lord and estaitis foirsaidis decernis and ordanis Roger Aschetoun, gentilman in his hienes chalmer, tobe nixt answerit be the donatouris of the said foirfaltour of quhatsumevir sowmes of monie addettit to him be the said Maister John Colvill, and to be preferit to all utheris the said Maister Johnne his creditoris.